Eatery Measure On Council Menu

Alderman Appointed Over Objections

Restaurateurs with unsanitary operations will have "a strong incentive" to clean up, under a proposed ordinance that calls for tough penalties for health code violators, Mayor Richard Daley asserted Wednesday.

"They have a business and they have a license," Daley said. "They have to respond to their customers."

Ald. Eugene Schulter (47th), who co-sponsored the measure, put it more bluntly: "The message here is: `Don't have rats in your restaurant, and you won't have any problems with the city.' "

The ordinance, which officials said could lead to an increased number of restaurant shutdowns, was introduced at a council meeting where the controversial appointment of a new 9th Ward alderman was approved and an ordinance was passed that would hit owners of poorly maintained buildings in the pocketbook.

Under a new Health Department policy that accompanies the proposed restaurant ordinance, inspectors are concentrating more on enforcement and less on "advising" restaurant owners on how to comply, officials said.

"You try to educate people to do it right," said city Health Commissioner Sheila Lyne. "We will continue to educate people, but we won't spend as much time on that. We will say, `If you don't have it right, you are going to be closed for this violation.' "

Under a variety of proposed changes, a violation deemed "critical" would lead to automatic shutdown of a restaurant, and restaurateurs would be required to post a copy of their most recent inspection report at the main customer entrance.

Mandatory fines ranging from $100 to $500, depending on the severity of the violation would be assessed, depending on the category of violation.

While current law calls for fines from $200 to $1,000, Lynn said that, "Mostly, it seemed (owners) got the lowest fines when they went to court."

Under Daley's proposal, restaurants shut down for critical violations could be reopened no sooner than 24 hours after a first offense and no sooner than 48 hours after shutdowns for subsequent violations.

The Illinois Restaurant Association raised questions about the length of closings. If a violation occurred before a weekend or holiday period, officials said a shutdown could last as long as five days before a re-inspection, even if the problem were remedied quickly.

"We have very tight profit margins, and this could cause some restaurants to close," said Colleen McShane, the association's executive director.

But, she added, food safety "is non-negotiable."

There are 6,500 restaurants in Chicago. Last year, there were 124 license suspensions citywide.

Introduction of the ordinance follows a WBBM-Ch. 2 investigation that found filthy conditions in a number of eateries.

Meanwhile, Melvin Powell Sr., Daley's choice to fill the vacant 9th Ward aldermanic seat, won council approval despite opponents who contended that voters in the Feb. 23 municipal election should make the choice. Daley said he appointed Powell so the ward would have representation until the new council takes office on May 3.

But critics, who tried to derail the nomination, argued that the winner of the election should be appointed on an interim basis until the official swearing in.

Powell, who is not a candidate in the upcoming election, replaced Robert Shaw, who resigned in December after winning election to the Cook County Board of Review.

Also on Wednesday:

- The council approved an ordinance making landlords responsible for the cost of police and other emergency services when inadequate maintenance results in chunks of terra cotta falling to the ground.

- City Clerk James Laski submitted 276 claims filed with his office by people who believe their cars or other property were damaged by Chicago's roads or equipment during last month's snowstorm. Most of the claims--185--related to damage inflicted by city potholes.

- The Chicago Patrolmen's Federal Credit Union would be permitted to install automatic teller machines in police stations for use by officers and citizens under a resolution introduced by Ald. William Beavers (7th).

- Ald. Michael Wojcik (30th) proposed a measure that would require the Police Department to notify nearby residents when a convicted drug dealer moves into a neighborhood.